For many years, McKechnie & Company assisted clients with personal injury matters, including motor vehicle accidents, off-road collisions, and pedestrian injury claims. With the introduction of Enhanced Care (no-fault) auto insurance in British Columbia in May 2021, the legal landscape for personal injuries arising from car accidents has changed dramatically.
We Have Shifted Our Focus
Because of the changes listed below, we have shifted our focus away from motor vehicle personal injury litigation. The new insurance model has reduced the role of litigation, stabilized insurance rates and premiums, and changed how the system operates. Our firm is now dedicated to areas where strong courtroom advocacy and commercial insight still make a difference. We would be delighted to help you with the following.
- Construction Disputes
- Builders Liens
- Debt Collections
- Commercial Tenancy
- Real Property
- Contract Disputes
- Small Claims
By shifting our focus, we devote more time, resources, and expertise to the disputes where we can achieve the strongest results for our clients.
What Changed with ICBC’s No-Fault Insurance
Under this new auto insurance model, people injured in a motor vehicle accident are severely limited in their right to sue the at-fault driver for damages like pain and suffering, lost income, etc. Instead, insurance coverage comes directly through ICBC, regardless of who was responsible. These benefits may include medical care, wage loss, rehabilitation, permanent impairment payments, and coverage for vehicle damage.
This marks a major departure from the old system, where an injured party could bring a lawsuit against the at-fault driver. The reforms were introduced through changes to the Insurance (Vehicle) Act and the Enhanced Accident Benefits Regulation. As a result, most personal injury lawsuits are no longer possible in BC. Only limited exceptions remain, such as:
- Where the at-fault driver is convicted of certain criminal offences (such as impaired driving)
- Where a manufacturer or repair shop defect caused the accident
- Where a liquor establishment over-served the at-fault driver
For the majority of motor vehicle injury cases, disputes are now resolved through ICBC’s claims process or the Civil Resolution Tribunal (CRT), not the courts.
Do You Still Need a Lawyer for a Personal Injury Claim?
In most cases, legal representation is no longer required for motor vehicle accident claims in BC. ICBC is the primary decision-maker on insurance coverage and benefits, and appeals are typically handled through the Civil Resolution Tribunal (CRT) rather than the courts.
That said, there may still be situations where legal advice is valuable:
- If your case falls into one of the narrow exceptions above
- If ICBC denies or limits your benefits and you are unsure what insurance covers
- If your injury occurred outside of BC, where a different insurance industry framework applies
Need Help with a Motor Vehicle Injury Claim?
If you are navigating a personal injury issue arising from a car accident and need guidance, we recommend reviewing ICBC’s Enhanced Care information or contacting a firm that now specializes in this area.